Terms & Conditions

Find TradePoint terms and condition of use, terms and conditions of sale, terms and conditions of supply and install and terms and conditions of membership here.

Terms of use

Website terms of use

Introduction

In these Terms of Use, references to we, us or our (or words of similar meaning) means TradePoint. TradePoint is a trading name of B&Q plc, a limited company registered in England (Company No: 00973387), whose registered office is B&Q House, Chestnut Avenue, Chandler's Ford, Eastleigh, Hampshire SO53 3LE, United Kingdom. Our VAT registration number is GB 232 5555 75.

In these Terms of Use, references to you means the person accessing and using the Website (as defined below). If you use this Website on behalf of a company, organisation or other entity, then (i) you includes you and that company, organisation or other entity, and (ii) you represent and warrant that you are authorised to bind the company, organisation or other entity to these Terms of Use, and that you agree to these Terms of Use on behalf of yourself and the company, organisation or other entity.

This website (www.trade-point.co.uk) (the Website) is operated by us. These Terms of Use set out the basis on which you may make use of our Website. By accessing and using our Website, you are indicating your acceptance of these Terms of Use and you agree to comply with them. If you do not agree to these Terms of Use, you may not use this Website.

The supply of any goods, products or services you order from the Website is subject to our applicable Terms and Conditions of Sale and any other relevant terms and conditions. We will use your personal information in accordance with our Privacy Policy.

We reserve the right to change these Terms of Use from time to time without prior notice by changing them on this Website. The Terms of Use applicable to your use of our Website will be those in force at the time you access the Website.

Accessing our Website

We do not guarantee that the Website will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of this Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt this Website or any computer system, server, router or any other internet-connected device associated with this Website. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attack our Website via a denial-of-service attack, a distributed denial-of service attack or otherwise.

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use this Website and is compatible with this Website. You also understand that we cannot and do not guarantee or promise that any content on this Website (including Material (as defined below)) will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.

From time to time, we may restrict access to certain features or parts of the Website, or the entire Website. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

We reserve the right, in our discretion, to withdraw, suspend or modify this Website or certain features or parts of this Website with or without notice to you. There may also be times when this Website or certain features or parts of this Website become unavailable, whether on a scheduled or unscheduled basis. You agree that we will not be liable to you or to any third party for any withdrawal, suspension, modification, unavailability, inaccessibility or discontinuance of this Website or any service available on or through this Website.

Using our Website

You must not use this Website for any activities that breach any laws, infringe any person's rights, or breach any standards, content requirements or codes published by any relevant authority. You must use this Website and the information available from this Website responsibly. You must not use this Website or the information available from this Website for or in connection with any unlawful, immoral or anti-social purpose, or in a manner which is or may be damaging to our name or reputation.

You must not use this Website in any way that interferes with our systems, other users or harasses, menaces or harms anyone.

You must not use this Website to make any speculative, false or fraudulent orders.

Intellectual Property Rights

This Website consists of images, illustrations, graphics, video sequences, sounds, text, photographs, formats and styles of presentation, software (including HTML code) and material analogous to it, and other content (collectively, Material). All copyright, moral ownership and other intellectual property rights in the Website and the Material (and derivatives of it) are either owned exclusively by or are licensed to us or one of our affiliates.

Except as expressly set out in these Terms of Use, nothing in these Terms of Use shall give you any rights in respect of any intellectual property owned by us, our affiliates or our licensors. You must not assert or attempt to obtain any such rights.

You acknowledge our (and our affiliates') rights to the Material. Save as provided elsewhere in these Terms of Use, you must not use, copy, reproduce, modify, manipulate, transmit, distribute, perform, publish, display, participate in the transfer or sale of, license or create derivative works from, or in any way exploit, Material accessed through this Website. Where copying or transmission is expressly permitted, you must display an appropriate author attribution or copyright notice.

You may use, and download and print extracts from, this Website for your own personal use only to the extent necessary to utilise the Website and the services offered through it. From time to time, we may (where expressly indicated on the Website) also allow you to download and print extracts from this Website for you to share with your customers in the ordinary course of your business solely for the purpose of promoting our products and services to your customers and any such use must in no way damage our name or reputation. No right, title or interest in any downloaded Material is transferred to you. You may not make any other use of Material on this Website. Except as expressly set out in these Terms of Use, you are not allowed to copy (whether by printing onto paper, storing on disk or any other way), distribute (including distributing copies), tamper with or alter in any way or otherwise use any Material contained in this Website.

Except as expressly set out in these Terms of Use, you are not allowed to copy or use any Material on this Website for any commercial purpose.

You are not allowed to remove any copyright, trade mark or other intellectual property notices or watermark contained in the original Material or from any Material copied or printed from the Website.

The rights granted to you under these Terms of Use shall terminate immediately upon your breach of any of these Terms of Use, and you must (at our option) return or destroy any copies of the Materials you have made.

This Website also contains certain of B&Q plc's (or an affiliated company's) trade marks (whether granted or applied for), graphics, logos and service names (collectively, Devices). The Devices are owned exclusively by us or the affiliated company and may not be copied or reproduced in any format (save as expressly provided elsewhere in these Terms of Use), or used in connection with any product or service without our prior written consent. All other trade marks not owned by us or our affiliated companies that appear on this Website are the property of their respective owners, who may not be affiliated with, connected to, or sponsored by us or our affiliated companies and you must not use those trade marks without the permission of the respective owners.

User generated content

Certain features of this Website may allow you to upload and publish materials, content and information to the Website, create bespoke materials or designs, and/or save customised content (collectively, User Content). Where you upload, publish or otherwise store User Content through this Website you are responsible for ensuring that you have any and all necessary rights, licences and permissions to use that User Content. We will not be responsible for any use of information, materials or content not provided by us. We reserve the right to remove or modify any User Content for any reason, including User Content that we believe violates these Terms.

Any User Content you upload to the Website will be considered non-confidential and non-proprietary, and you grant us the right to use, copy, host, distribute and disclose to third parties the User Content. We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to the Website constitutes a violation of their rights (including their intellectual property rights or their right to privacy).

The views expressed by other users on our Website do not necessarily represent our views or values.

Any designs, plans or other similar materials created by you using this Website (or another website we operate that is linked to this Website) will be owned by us and may only be used by you in connection with a quotation or order for goods and/or services from us and/or the provision of goods and/or services by us to you. You assign to us all right, title and interest (including any intellectual property rights) in and to any such designs, plans or other similar materials created by you (and agree to sign any document at our request and our reasonable expense to give effect to this assignment) and you waive all moral rights in and to those designs, plans and materials.

Accuracy of Information

This Website is updated regularly, and content may change without notice. We are under no obligation to keep the Material up to date, and you acknowledge that it may be out of date at any given time. Material on the Website is not intended to amount to advice or authority on which reliance should be placed. We make no promise and give no assurance that any information is accurate, complete or up to date. To the extent permitted by law, we accept no liability or responsibility for any loss, damage or injury arising as a consequence of any reliance placed upon the Material, whether by a visitor to the Website or by anyone who may be informed of its contents.

Links to and from this Website

We are a member of the Kingfisher Group of companies; for more information on the Kingfisher Group please visit: www.kingfisher.co.uk. We may from time to time establish links to the websites of other Kingfisher Group companies from this Website. Your use of those websites is subject to the terms of use and policies available on those websites.

From time to time we may also establish relationships with third parties that will enable you to access the websites of such third parties directly from our Website. Where this Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility or liability for them or for any loss or damage that may arise from your use of them. The inclusion of these hyperlinks does not imply any endorsement of the material on such sites or any association with their operators.

You may not link from another internet site to any page on this Website, without our prior written consent and after entering into such agreement as we may require. We are not responsible for external websites that link to this Website.

Liability

Although we hope the Website will be of interest to you, we accept no liability (whether arising in tort (including negligence), contract, for breach of statutory duty or otherwise) and offer no promises or assurances in relation to the Website or its content (including the Material), to the fullest extent such liability, promises and assurances can be excluded by law, and to the fullest extent permitted by law, all promises, assurances and other terms implied by law are excluded. For the avoidance of doubt, we shall have no liability to compensate you in relation to your use of the Website or its content including the Material (whether arising in tort (including negligence), contract, for breach of statutory duty or otherwise), except for any refund we make under any other agreement between us or otherwise at our discretion.

Without prejudice to the preceding paragraph, we accept no liability (whether arising in tort (including negligence), contract, for breach of statutory duty or otherwise) for any of the following losses: (i) loss of data, loss of revenue, sales, income or profits, loss of business, loss of opportunity, loss of use or production, business interruption, contracts, goodwill or reputation (in each case whether direct or indirect); or (ii) any indirect or consequential loss.

You will indemnify us from and against all actions, claims, suits, demands, liabilities, losses, costs and expenses arising out of, or in any way connected with, use of this Website by you or any other person using your login information. We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control. We will not be liable for the accuracy and suitability of (i) design tools on this Website (or another website we operate that is linked to this Website) and (ii) designs, plans or other similar materials created using this Website (or another website we operate that is linked to this Website) or the design tools hosted on it. We recommend that you have a survey, whether carried out by us or a third party, before carrying out any work based on such design tool, designs, plans or similar materials. You (or your installer if you have engaged one) must ensure that any goods (including their dimensions) and/or services that you purchase based on such design tool, designs, plans or similar materials are appropriate for your project. Nothing in these Terms of Use excludes or limits our liability for (i) death or personal injury caused by our negligence, (ii) fraud or fraudulent misrepresentation, and (iii) any other liability that cannot be excluded or limited under applicable law.

Contacting us

To contact us (including to discuss any complaint), please see our Contact Us page on the Website. Any formal legal notices should be sent to us at the postal address specified in the Introduction section of these Terms of Use, marked for the attention of the Company Secretary of B&Q plc.

Other important terms

Failure by us to enforce a right does not result in waiver of such right.

Each of the provisions of these Terms of Use operates separately. If any provision (or part of any provision) (including any terms in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable: (i) that provision (or part-provision) will, to the extent required, be excluded from forming part of these Terms of Use; and (ii) the remaining provisions will be unaffected and will remain in full force and effect.

You may not assign or transfer your rights or obligations under these Terms of Use.

Except as expressly stated, a person who is not a party to these Terms of Use shall not have any rights under or in connection with these Terms of Use by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

You and we agree that English law applies to these Terms of Use and that any dispute between you and us regarding the Website or arising out of or in connection with these Terms of Use will only be dealt with by the English courts.

These Terms of Use were last updated on 18th August 2014.

Terms & conditions of sale

Terms and conditions of sale

THESE TERMS SET OUT THE BASIS ON WHICH WE MAY SELL PRODUCTS TO YOU. PLEASE READ THESE TERMS CAREFULLY.

WE DRAW YOUR ATTENTION TO YOUR CANCELLATION RIGHTS IN CLAUSE 7 AND THE LIMITS OF OUR LIABILITY IN CLAUSE 8.

1.1.3 Delivery Terms, we mean the terms that apply to our delivery services, full details of which can be found in store and on our Website;

1.1.4 order, we mean an order placed by you for Product(s) in store, through our Website, by telephone or using such other means as we may permit from time to time;

1.1.5 our agreement, we mean our agreement as defined in clause 2.1;

1.1.6 Privacy Policy, we mean our privacy policy, full details of which can be found in store and on our Website;

1.1.7 Product or Products, we mean the goods and products that we sell;

1.1.8 Scheme, we mean the TradePoint Membership Scheme;

1.1.9 Terms, we mean these terms and conditions of sale; and

1.1.10 Website, we mean the website (www.trade-point.co.uk) that is operated by us or on our behalf.

1.2 If you order Product(s) on behalf of a company, organisation or other entity, then (i) you (as defined in clause 1.1.1) includes you and that company, organisation or other entity, and (ii) you represent and warrant that you are authorised to bind the company, organisation or other entity to our agreement (including these Terms), and that you agree to our agreement (including these Terms) on behalf of yourself and the company, organisation or other entity.

1.3 These Terms set out the basis on which we may sell Products to you as a Scheme member. Subject to clause 3.3, by submitting an order for and/or purchasing any Product, you are indicating your acceptance of these Terms and you agree to be bound by these Terms. If you do not accept these Terms, you will not be able to order or purchase any Products from us.

1.4 Any standard terms which appear on your orders or your other documentation or communications shall not apply to our sale of Products to you.

1.5 These Terms are only in the English language. Our agreement will not be filed by us.

1.6 If you view these Terms via our Website, you should print a copy of these Terms or save them to your computing device for future reference.

2 Your agreement

2.1 Each order you place and purchase of Product(s) you make is subject to these Terms, our Delivery Terms (where relevant), and any additional terms that apply to any quote we may give or any promotional or special offers (together our agreement).

2.2 Our agreement constitutes the entire agreement between you and us. You can find the latest version of all our terms in store and on the Website. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in our agreement. Nothing in this clause limits or excludes liability for fraud or fraudulent misrepresentation.

2.3 Any services provided by us or on our behalf in connection with your order (if any) are governed by the applicable terms and conditions governing the supply of those services.

3 The order process and formation of the contract between us

3.1 Your order is an offer to purchase from us. When you place an order with us (or otherwise offer to make a purchase from us), you do so in accordance with the terms of our agreement, subject to our acceptance of your order (or offer to make a purchase). If you place an order via our Website (or where we have otherwise stated that we will), we will send you an email acknowledging receipt of your order. Please note this email is an acknowledgement and is not an acceptance of your order.

3.2 Unless we have notified you that we do not accept your order (or offer to make a purchase) or you have cancelled it in accordance with our returns policy, we accept your order (or offer to make a purchase) as follows:

3.2.1 subject to clauses 3.2.2 and 3.2.3, where you place an order via the Website, we accept your order when the Products are despatched to you or at the point the Products are collected by you in store (as the case may be);

3.2.2 where you place an order via the Website for Products which are cut, made to measure, mixed to your requirements, or otherwise customised or made to your specifications, we accept your order seven days after the date of your order or when we start to cut, make, mix or customise those Products, whichever is earlier;

3.2.3 where you place an order via the Website for Products which are perishable (such as plants or turf) or liable to deteriorate or expire rapidly, we accept your order seven days after the date of your order or when we start to prepare the Products for delivery or collection, whichever is earlier;

3.2.4 where you place an order in store, we accept your order when we provide you with a sales advice confirming that the order has been placed and processed; and

3.2.5 when you place an order by telephone, we accept your order when we confirm that the order has been placed and processed.

3.3 If you place an order via our Website (or where we have otherwise stated that we will), we will send you an email confirming despatch of the Products ordered by you or their availability for collection in store (as the case may be).

3.4 We may choose not to accept your order (or offer to make a purchase) for any reason and we will not be liable to you or to anyone else in those circumstances. If we do not accept your order (whether in whole or in part) we will refund any monies paid in connection with that order (or that part of the order that we do not accept).

3.5 Our agreement is formed when we accept your order (or offer to make a purchase). Where Products you have ordered fall within two or more of the Product types identified in clauses 3.2.1, 3.2.2 and 3.2.3, a separate agreement is formed for each Product when we accept your order for that Product. The processing of your payment and acknowledgment of receipt of your order (whether by email, telephone or otherwise) does not constitute legal acceptance of your order.

3.6 You may not cancel your order once it is submitted, unless otherwise agreed with us or where we offer you the facility to do so. This does not affect your rights under clause 7. Our Website order process allows you to check and amend any errors before submitting your order to us. Please carefully check your order at each stage of the order process.

4 Buying from us

4.1 You must be a member of the Scheme to purchase Products from us. You must be 18 or over to purchase Products from us. If you are purchasing age-restricted Products, we may ask you to provide proof of your age and if you cannot provide proof we reserve the right to cancel your order if we reasonably believe you are not legally entitled to order the Products.

4.2 For safety reasons, we reserve the right to restrict sales of gas fittings and appliances to professionally registered plumbers and heating engineers.

4.3 We will take reasonable steps to display as accurately as possible the colours, appearance and other detailing of our Products (and their packaging) in the images that appear on the Website and in our catalogues and other media. However, we do not guarantee that the images, appearance and other detailing that appear on the Website and in our catalogues and other media will exactly reflect the colour, appearance or detailing of the physical Product (or its packaging). Your Products (and their packaging) may vary slightly from those images.

4.4 Natural products may show some colour variation. To the extent permitted by law, we accept no liability associated with such variations.

4.5 Any information on the Website and in our catalogues and other media regarding sizing, weights, capacities, dimensions and measurements of Products is included as a guide only. If you are concerned about the precise size, weight, capacity, dimensions or measurements of any Product you require, we recommend that you contact us prior to placing an order and/or purchasing a Product.

4.6 If your order includes Products that are made according to measurements you provide us, please ensure these measurements are correct and accurate as your right of return as set out in clause 8 below will not be available unless the Products are faulty, damaged or incorrectly delivered.

4.7 Where we agree to provide a specifically designed plan as part of or in connection with your order, you will be responsible for checking the accuracy and suitability of the plan and ensuring it meets your requirements before placing an order. Any such plan is, and remains, our property and may not be reproduced in whole or in part without our prior written consent. Any such plan may only be used by you in connection with a quotation or order for Products and/or services from us and/or the provision of Products and/or services by us to you. You are responsible for checking that the details of the plan, and any resulting quotation, are complete, accurate and meet your requirements before committing yourself to an order.

5 Price, delivery charges and availability

5.1 Prices for Products indicate whether the price is inclusive or exclusive of VAT. VAT will be applied and will be shown on your invoice at the current applicable rate. VAT amounts stated may be subject to rounding variances. The exact amount of VAT will be shown on the VAT invoice (where provided). This will not affect the total price inclusive of VAT.

5.2 To take advantage of promotional prices, you must quote the relevant promotion code when you order (where applicable). We may update promotions at any time.

5.4 We may update prices at any time. Despite our best efforts, a small number of the thousands of products we sell may occasionally be mispriced. If this happens then we will not be obliged to supply the Products at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or endeavour to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.

5.5 From time to time we may apply promotional prices to Products, including Website or in-store only prices. These promotional prices will only apply in the context in which the promotion is given and are subject to the terms of that promotion. For example, Website only prices will not be applicable to in-store orders or purchases, and in-store only prices will not be applicable to Website orders or purchases.

5.6 Prices for commodity goods will be updated regularly, please visit our Website or ask in store for further details.

5.7 Where we provide a quote to you it will be subject to the terms and conditions applicable to that quote.

5.8 All Products are subject to availability. If you order Products which are not available from stock, we will take reasonable steps to contact you to discuss how you wish to proceed. You will have the option to wait until the Products are available from stock, or cancel your order. If the Products are unlikely to be restocked, we will cancel your order for those Products and refund the price you have paid.

6 Payment

6.1 The total cost of your order and/or purchases is the price of the Products and applicable delivery charges.

6.2 We must receive payment for Products in advance before your order and/or purchase can be processed, unless we have agreed otherwise in advance in writing.

6.3 If you use a credit/debit card to pay for your order, you must use your credit/debit card or a credit/debit card that you are otherwise authorised to use. All credit/debit card holders are subject to validation checks by third parties and authorisation by the card issuer. If the issuer of the card refuses to authorise payment or any other validation checks return adverse results, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

6.4 We are not responsible for the card issuer or bank charging the cardholder as a result of our processing of the credit/debit card payment in accordance with your order.

6.5 You are responsible for all orders placed by your authorised employees.

7 Getting your Products

7.1 If you order Products for delivery then the terms that apply to that delivery will depend upon the Product(s) that you order, the delivery location and the delivery method you select. Unless we specifically agree otherwise, we only deliver to the areas indicated in our Delivery Terms. We do not deliver to the Republic of Ireland or the Channel Islands.

7.2 You can see a full set of our Delivery Terms on the Website.

7.3 Subject to availability and our Delivery Terms, where we have agreed to deliver the Products, we will use reasonable endeavours to do so on any specified date we agree, or if no date is specified, within 30 days of the date of your order. In the case of unforeseen circumstances beyond our reasonable control (for example, adverse weather conditions, unpredictable delays caused by traffic congestion, road works, diversions or mechanical breakdowns) we may not be able to deliver the Products within these timescales and we will not be liable for any delay or failure to deliver the Products if the delay or failure is wholly or partly caused by such circumstances. In the event that a delivery does not take place, we and you will agree an alternative delivery date.

7.4 Unless we have agreed otherwise, Products must be signed for on delivery by a person aged 18 or over. Delivery will be completed when we deliver the Products to the address you specified in your order.

7.5 For reasons of health and safety and to avoid any property damage, most Bulk Delivery and certain 'other types of delivery' items (as described in our Delivery Terms and as identified in the item description) can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation, fitting or waste removal services, unless otherwise agreed by us.

7.6 You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will need to arrange an alternative delivery date. If delivery fails as a result of circumstances within your reasonable control (for example, you are not present at the delivery location to accept delivery), the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the Products, less the failed delivery costs.

7.7 Deliveries may be made by our logistics partner. Where relevant, all loads are unloaded within the crane radius of the vehicle. Deliveries will not be made where the ground condition is uneven, not suitable to unload or likely to cause damage to the delivery vehicle. If the driver is instructed to unload and leave materials on either the public highway or an adjacent pedestrian area or pavement, it is your responsibility to ensure these are subsequently moved.

7.8 If you do not receive your Products on the stated delivery date, you must notify us immediately. We recommend that you do not schedule or commence any installation work until after you have received your ordered Products and checked all of them for any defects or missing parts.

7.9 Each Product remains our property until you have paid for it in full or we have provided the Product to you (whichever occurs later), whereupon you will own the Product. On delivery of the Products to you (or collection of the Products by you (as the case may be)), the Products shall be at your risk and responsibility and you will be responsible for their safekeeping and we will not be responsible for any Products lost or stolen once delivered (or collected) or for any damage or fault arising from incorrect storage. Until ownership of the Products passes from us to you, you shall hold the Products on our behalf and shall store the Products at your own cost separately from all other products in your possession and marked in such a way that they are clearly identified as our property. Once ownership of the Products has passed to you, you may resell or use the Products in the ordinary course of your business. We may, before ownership of the Products passes to you, require you to deliver up the Products to us and, if you fail to do so, may repossess the Products. You grant us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of inspecting or repossessing the Products.

8 Returns 8.1 On receipt of the Products you must check they match your order. If there is any problem, or if they are defective or damaged you must notify us within 48 hours of receipt otherwise you will be deemed to have accepted the Products and we shall not be liable for having supplied the incorrect type and/or quantity nor shall we be liable for any damage or defect.

8.2 Providing that you tell us of any problem within 48 hours of receipt of the Products, we will (subject to clause 5.8) either make good any shortage or non-delivery; or (at our discretion) offer you a replacement, repair or refund for the Products in question. Where Products are to be returned to us we will arrange this with you.

8.3 Under our 45 day returns policy, you may return to us at your own cost all or part of the Products which you have received and which you no longer want (provided they are unused and are not incorrect, defective or damaged) by giving us notice within 45 days of the date of delivery or collection (as the case may be). Such notice may be given by phone or in person at one of our stores. Products which have been cut, made to measure, mixed to your requirements, or otherwise customised or made to your specifications, or Products which are perishable (such as plants) or liable to deteriorate or expire rapidly, or otherwise by reason of their nature cannot be returned, cannot be returned under our 45 day returns policy.

8.4 If you return all or part of the Products pursuant to our 45 day returns policy (and they are not incorrect, defective or damaged) we will refund the purchase price of the returned Product(s) to you, based on the original method of payment, provided that:

8.4.1 the Products are returned to us in an unused condition and are accompanied by your receipt (which may include a customer sales form);

8.4.2 for purchases made by debit/credit card, the same card must be used to process the refund; and

8.4.3 we reserve the right to refuse a return or to require proof of identity.

8.5 When returning the Products to us pursuant to our 45 day returns policy you must pay the cost of transporting them unless we agree that you may dispose of them in which case you must comply with the manufacturer’s instructions before disposing of hazardous Products. You can return the Products to a TradePoint store.

9 Liability

9.1 All our obligations to you are set out in our agreement.

9.2 We shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under these Terms or otherwise at our discretion.

9.3 Without prejudice to clause 9.2, we accept no liability (whether arising in contract, tort (including negligence), for breach of statutory duty or otherwise) for any of the following losses:

9.3.1 loss of profits, revenue, sales, income, or business;

9.3.2 loss of savings;

9.3.3 loss of use or production;

9.3.4 loss of goodwill;

9.3.5 business interruption;

9.3.6 subject to clause 8.2, remedial costs if the Products are damaged or defective;

9.3.7 damage to property or possessions through use or misuse of the Products;

9.3.8 loss caused by delay or other late performance; and

9.3.9 indirect or consequential losses.

9.4 Nothing in our agreement limits or excludes our liability for fraud or fraudulent misrepresentation, death or personal injury caused by our negligence or for any other liability which cannot be limited or excluded by law.

9.5 Except as set out in our agreement, all other terms, warranties, representations and conditions implied by statute, common law or otherwise (including fitness for purpose) are excluded to the fullest extent permitted by law.

9.6 The Products are intended for use in the UK only and we cannot confirm that the Products comply with any laws, regulations or other standards applicable outside the UK. All Products are sold in accordance with the manufacturer’s specifications and are subject to any qualifications or instructions contained in the documentation associated with the relevant Product.

9.7 Subject to clause 8.4, we will not be responsible to you or, if you are undertaking work for another person, to any other person, for the use or installation of any Products by you (or on your behalf). Accordingly, as a trade customer, you hereby agree to hold us harmless, and indemnify us, against any liability associated with any claim or allegation that we are responsible for any failings in the installation or use of Products that we supply.

9.8 The TradePoint catalogue and/or our Website may contain information and materials created and submitted by third parties, and we exclude liability for all losses arising from any error, omission or inaccuracy in any such information and material.

10 Our rights to cancel

10.1 We may (at our discretion) suspend further supply or delivery, stop any Products in transit, cancel any orders or cancel our agreement by notice in writing to you if you are in breach of our agreement, you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon cancellation, any money due to us in respect of our agreement which has been cancelled shall become immediately due and payable and we shall be under no further obligation to supply Products to you.

11 Events beyond our control

11.1 We shall have no liability to you for any failure or delay in supply or delivery, nor if any of our obligations is prevented or restricted, nor for any damage or defect to Products supplied or delivered under our agreement, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports).

12 Disposal of electrical and electronic equipment

12.1 The WEEE regulations aim to ensure waste from certain electrical and electronic equipment is reduced, separated from household waste, and ultimately disposed of in a sound environmental manner. As a trade customer, you agree that the collection, recovery/treatment and disposal of non-household electrical or electronic equipment purchased from us will be your responsibility. In the case of household waste, please take this waste to your nearest designated collection facility (DCF). To find your nearest DCF go to www.recycle-more.co.uk. We are making financial contributions towards the running of these facilities and the onward recycling of this waste.

13 Your information

13.1 We will use your personal information (as defined in our Privacy Policy) in accordance with our Privacy Policy .

14 Contacting us and you

14.1 To contact us, please see our Contact Us page on the Website. Any formal legal notices should be sent to us at the address specified in clause 1.1.2, marked for the attention of the Company Secretary of B&Q plc.

14.2 If we have to contact you or give you notice in writing, we will do so by email or by hand or by pre-paid post to the address you provide to us in your order or we otherwise hold for you.

15 General

15.1 If any provision of our agreement (including any provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable in whole or in part, the validity, legality or enforceability of the other provisions of our agreement and the remainder of the provision in question will not be affected. We may replace any provision that is not effective with a similar provision that is effective.

15.2 No person other than you and us shall have any rights to enforce our agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

15.3 If we fail to insist that you perform any of your obligations under our agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

15.4 You may not assign or transfer your rights or obligations under our agreement, unless we agree in writing.

15.5 Our agreement (including any non-contractual obligations arising out of or in connection with it) is governed by and interpreted in accordance with the law of England and Wales and both we and you agree to submit to the exclusive jurisdiction of the courts of England and Wales.

15.6 We may update, vary and amend these Terms from time to time without prior notice. Each time you order or otherwise purchase a Product from us, the Terms in force at that time will apply (as set out on our Website or available in store). Please check in store or on our Website to ensure that you understand which Terms apply.

These Terms were last updated on 2014.

Supply & install terms & conditions

TradePoint Supply & Install Terms & Conditions

These Terms are for TradePoint customers

THE FOLLOWING TERMS AND CONDITIONS WILL APPLY TO YOUR ORDER. PLEASE MAKE SURE THAT YOU READ THEM CAREFULLY BEFORE ENTERING INTO THIS AGREEMENT.

WE DRAW YOUR ATTENTION TO YOUR CANCELLATION RIGHTS IN CLAUSE 11 AND THE LIMITS OF OUR LIABILITY IN CLAUSE 15.

1. Words used in these Terms

“Customer Advisor” means a member of the B&Q staff, who is not a qualified tradesman, who produces a Plan for you or assists you with the production of a Plan.

“Delivery Terms” means the terms that apply to our Product delivery services, full details of which can be found in store and on our Website.

“Estimate” means an estimated price for Products and/or Services. It is not part of the Order and cannot be accepted by you.

“Order” means your order for the Products, Services and/or a Survey (as applicable), placed in store, through our Website, by telephone or using such other means as we may permit from time to time.

“our agreement” means the agreement pursuant to which we provide the Products, Services and/or Surveys, comprising these Terms and any additional terms that apply to any Services we provide, quote we give or any promotional or special offers.

“Plan” means a design plan created using our design tool, whether produced by you or a Customer Advisor and whether based on either: (i) a basic visual inspection of the area specified by you; or (ii) measurements and descriptions provided by you, in each case for the purposes of providing you with an Estimate.

“Products” means the goods and products that we sell.

“Quotation” means a fixed price for Products and/or Services provided by us against which you can place an Order in accordance with these Terms.

“Sales Advice” means a document provided by us to you which confirms your Order and which contains details of the Products, Services and/or Survey(s) (as applicable) to be supplied to you together with the price for those Products, Services and/or Survey(s).

“Services” means the services ordered by you and set out in the Quotation and/or Sales Advice (as the case may be).

“Survey” means a visual inspection of the area specified by you in order to: (i) verify the Plan and/or (ii) produce a Quotation.

“Website” means the website (www.trade-point.co.uk (or such other URL as we may specify from time to time)) that is operated by us or on our behalf.

“you” or “your” means the person(s) placing an Order. If you place an Order on behalf of a company, organisation or other entity, then (i) “you” includes you and that company, organisation or other entity, and (ii) you represent and warrant that you are authorised to bind the company, organisation or other entity to these Terms, and that you agree to these Terms on behalf of yourself and the company, organisation or other entity.

2. Basis of sale

These Terms apply to your Orders for, and purchases of, Products, Services and/or Surveys in connection with TradePoint Spaces and such other service offerings as we may determine from time to time.

Please check that your Order (and where relevant your Quotation) is complete and accurate before you commit yourself to your Order. Following receipt of your Order we may (depending on the nature of your Order) provide you with a Sales Advice. Please check the Sales Advice when you receive it; you must notify us if the Sales Advice is inaccurate.

Our Website order process allows you to check and amend any errors before submitting your Order to us. Please carefully check your Order at each stage of the order process.

Your Order is an offer to purchase from us. When you place an Order with us, you do so in accordance with these Terms, subject to our acceptance of your Order.

Unless we have notified you that we do not accept your Order or you have cancelled it in accordance with our returns policy, we accept your Order as follows:

where you place an Order via the Website, we accept your Order: (i) seven days after the date of the Order; or (ii) when we start to provide the Survey or Services or make the Products to your specification or dispatch the Products or the Products are collected by you in store (as the case may be), whichever is earlier;

where you place an Order in store, we accept your Order when we provide you with a Sales Advice confirming that the Order has been placed and processed; and

when you place an Order by telephone, we accept your Order when we confirm that the Order has been placed and processed.

These Terms (and our agreement) will become binding on you and us when we accept your Order as described in the preceding paragraph. The processing of your payment and acknowledgment of receipt of your Order (whether by email, telephone or otherwise) does not constitute legal acceptance of your Order.

We may choose not to accept your Order for any reason and we will not be liable to you or to anyone else in those circumstances. If we do not accept your Order (whether in whole or in part) we will refund any monies paid in connection with that Order (or that part of the Order that we do not accept).

These Terms are between you and us, regardless of whether a third party (eg your customer) pays for the Order.

The provision of the Services may be subject to additional terms. Where this is the case, these additional terms will be brought to your attention.

Any standard terms which appear on your orders or your other documentation or communications shall not apply to our provision of Products, Services or Surveys to you.

These Terms are only in the English language. These Terms will not be filed by us.

If you view these Terms via our Website, you should print a copy of these Terms or save them to your computing device for future reference.

3. Quotations, Estimates and Surveys

The following terms apply where we carry out a Survey and provide you with an Estimate in advance of the Survey and a Quotation following the Survey:

For certain types of Products and Services we may give you a Quotation without producing a Plan or carrying out a Survey.

If we give you an Estimate it is indicative only and subject to us carrying out a Survey. You will need to place an Order for the Survey.

If we carry out a Survey you will need to bring to our attention anything which is relevant to the Products and/or Services you require.

After we have carried out a Survey we will normally give you a Quotation for the Products and/or Services.

The Quotation will include a schedule setting out the Products and/or Services we are quoting to provide (“Schedule of Works”).

Quotations are only valid for the period of days specified on the Quotation or, where none is specified, 14 days from the date of the Quotation. If you do not accept a Quotation by placing an Order within this period, the Quotation is withdrawn unless we agree otherwise in writing.

If a Survey is required but we are unable to carry out an appropriate visual inspection (for example, if building works are not complete) we may need to carry out a second Survey and we reserve the right to charge an additional fee for that second Survey.

Changes to your Order and/or Quotation (including the Schedule of Works, price and delivery dates) may be required as a result of the second Survey. If changes are required we will provide you with an amended Quotation or a new Quotation. If you do not accept the amendments or the new Quotation, we will cancel the Order and you will receive a refund of the price paid (if any), save for the Survey fees.

4. Services: General

We will only carry out the Services using Products that you have purchased from us or an authorised third party acting on our behalf, unless we agree otherwise. You must ensure that the Products you select and purchase are suitable for your needs and are suitable for the Services you order.

You will need to obtain all necessary planning permissions, local authority consents and other consents and permissions required for the Services before they start. It is not our responsibility to check that you have obtained any required consents or permissions. You must allow us or our agent to inspect these consents and permissions if we ask.

You must inform us if the property where the Services are to be provided is listed, located within a conservation area or otherwise subject to restrictions which may impact on the Services. It is your responsibility to check that the Services will not violate any such restrictions.

We will only provide the Services set out in the Sales Advice or, where relevant, the Quotation and/or Schedule of Works or as otherwise agreed between you and us. If you want us to provide any additional services we may need to agree an additional Order with you.

The Services will be provided with reasonable skill and care. We will try to keep disruption to water, gas and electricity supplies to a minimum.

The Services may be provided by a third party on our behalf.

You will need to provide us, and any third party carrying out the Services on our behalf, with free, safe and proper access to the property concerned (including the loft and garden) and free, safe and proper storage for our and (where relevant) their equipment and property while carrying out the Services, including an area to store any waste and also for any Products we deliver to you before the Services start (if any). You will take such other steps as you reasonably can to enable us to provide the Services.

We reserve the right to refuse to provide the Services and cancel your Order where we have reasonable grounds for doing so (such as concerns over the safety of our employees and contractors or where you ask us to perform the Services in a manner that contradicts our reasonable recommendations). If we cancel your Order in these circumstances, you will receive a refund of the price paid.

If we have agreed to remove pre-existing units, fixtures or fittings this may necessarily cause some damage to surrounding areas. We will try to limit the amount of damage caused but unless we have agreed to do so or we have failed to exercise reasonable skill and care, the Services do not include us ‘making good’ any damage caused, painting, decorating or tiling.

Unless we agree otherwise or unless resulting from the negligence of us or any subcontractor appointed by us, the Services do not include, and we shall not be responsible for, the correction of:

any faults or failures in the supply of water, electricity, gas or other services to the property where the Services are to be provided nor any faults or failures in the water or drainage systems or any other conduits or systems connected to the property; or

accidental or wilful damage or defective works caused by other persons in relation to the property where the Services are to be provided.

The workmanship carried out during our provision of the Services may be subject to a Workmanship Guarantee. Please see the separate terms applicable to this Guarantee (where applicable).

Any reduction in energy consumption (including any calculation of potential costs savings) that we provide to you is approximate only and, unless we have failed to take reasonable skill and care, we shall not be responsible if the reduction or savings are not achieved following the provision of the Services.

Unless we agree otherwise, the Services do not include the removal of any waste and you will need to make your own arrangements for the disposal of such waste.

5. Additional works

If additional works are: (i) found to be necessary (including the removal and disposal of asbestos and any other hazardous substances); or (ii) requested by you, in each case during the course of the provision of the Services, we reserve the right to charge additional fees for the Products and/or Services to be provided. Where such additional works are found to be necessary, work under your Order will be suspended and we may provide you with a quotation for the additional work. If you accept the quotation we will recommence work under your Order and carry out the additional works. The provision of additional works may be subject to separate terms and conditions.

Such additional work may be fundamental to the provision of the Products and/or Services and, as a result, we reserve the right to suspend the provision of the Products and/or Services until such additional works have been completed, whether by us or a third party to our satisfaction. If you do not agree to the additional works, you may cancel your Order and you will be liable to pay our charges for the Products provided and/or Services carried out prior to cancellation. You will only receive a refund for that part of the Services not provided and those Products which we have not made or started to make to your specification and/or which have not been installed prior to cancellation.

If you do not agree to the additional works and cancel your Order we will not be responsible for ‘making good’ any damage or disruption caused, painting, decorating or tiling and, although we will try to limit the amount of damage and disruption caused, we will not be responsible for putting the property where the Services are to be provided back in the condition it was in prior to us providing the Products and/or Services, unless we have agreed to do so or we have failed to exercise reasonable skill and care.

6. Prices, payment and availability

The following terms apply to prices determined solely from information you provide to us and where we have not provided you with an Estimate or Quotation:

In order to ascertain the price payable for the Services you Order, you must provide us with certain information in response to our questions about the property where the Services are to be provided. The initial price you pay for your Order is calculated based upon your responses to these questions.

When we attend the property to carry out the Services, we will verify that the initial price you have paid for your Order is correct. If we determine (in accordance with our list prices) that the total cost of your Order will exceed your initial payment, we reserve the right to charge additional fees for the Services to be provided. If you do not accept the additional fees we will cancel the Order and you will receive a refund of the price paid. If we determine that the total cost of your Order will be less than your initial payment, you will receive a refund of the amount you have paid that exceeds the total cost of your Order.

The following terms apply in all circumstances:

You must pay for all Surveys, Services and Products you purchase from us or an authorised third party on our behalf (if any), together with associated VAT (or GST (as defined below)) and delivery charges, in advance, unless we have agreed otherwise in advance in writing. Payment must be made by credit or debit card if you place your Order by telephone.

All prices include applicable sales tax (including VAT or (in Jersey only) applicable Goods and Services Tax (“GST”)), unless expressly stated otherwise. The rate of sales tax will be determined in accordance with applicable law. The exact amount of sales tax will be shown on the sales tax invoice (where provided).

Prices for Products exclude delivery charges unless expressly stated otherwise. Delivery charges vary depending on the Products you order, the delivery address and the delivery method you select; please see our Delivery Terms for further details.

In the event that the total cost of your Order differs from the initial price you paid, such that an additional payment or refund (as the case may be) is required that post-dates a change in the rate of sales tax, we may adjust the sales tax you pay for the total cost of your Order in accordance with applicable law.

If you only place an Order for a Survey you will only be obliged to pay the Survey fee set out in the Estimate, Sales Advice or otherwise notified to you. You will need to pay for each Survey regardless of whether or not you decide to accept our Quotation and place an Order for Products and/or Services.

We may update prices at any time. Despite our best efforts, we may occasionally misprice our Surveys, Services and/or Products. If this happens then we will not be obliged to supply the Survey, Services and/or Products at the incorrect price or at all. We will (at our discretion) either cancel your Order (and refund the price you have paid) or endeavour to contact you and ask you whether you wish to continue with the Order at the correct price. If we are unable to contact you or you do not wish to continue with the Order at the correct price, we will cancel your Order and refund the price you have paid.

From time to time we may apply promotional prices to our Surveys, Services and/or Products, including Website or in-store only prices. These promotional prices will only apply in the context in which the promotion is given and are subject to the terms of that promotion. For example, Website only prices will not be applicable to in-store orders or purchases, and in-store only prices will not be applicable to Website orders or purchases. To take advantage of promotional prices, you must quote the relevant promotion code when you order (where applicable). We may update promotions at any time.

If you use a credit/debit card to pay for your Order, you must use your credit/debit card or a credit/debit card that you are otherwise authorised to use. All credit/debit card holders are subject to validation checks by third parties and authorisation by the card issuer. If the issuer of the card refuses to authorise payment or any other validation checks return adverse results, we will not accept your Order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

We are not responsible for the card issuer or bank charging the cardholder as a result of our processing of the credit/debit card payment in accordance with your Order.

All Products are subject to availability. If you order Products which are not available from stock, we will take reasonable steps to contact you to discuss how you wish to proceed. You will have the option to wait until the Products are available from stock, or cancel your Order for those Products. If the Products are unlikely to be restocked (or we are unable to contact you), we will cancel your Order for those Products and refund the price you have paid for those Products.

7. Plans

If we produce a Plan it is for the sole purpose of providing you with an Estimate and is indicative only. It is based on either a basic visual inspection for aesthetic purposes only or the measurements and information you provide.

All Plans (and all intellectual property rights (including copyright) within the Plans) will be owned by us and may only be used by you in connection with an Estimate, Quotation or Order for Products and/or Services from us and/or the provision of Services by us to you. You assign to us all right, title and interest (including any intellectual property rights) in and to each Plan created by you (and agree to sign any document at our request and our reasonable expense to give effect to this assignment) and you waive all moral rights in and to that Plan.

We will not be liable for the accuracy and suitability of the Plan and you should not rely on it. We recommend that you have a survey, whether carried out by us or a third party, before carrying out any installation work or otherwise relying on the Plan.

8. Measurements

If you provide us with measurements you must ensure they are correct and accurate. You are responsible for the accuracy of measurements you provide.

If there is an error in the measurements you supply and the Products and/or Services are made or supplied to those measurements, we will not refund the cost of the Products and/or Services provided, unless the Products are faulty or we have failed to exercise reasonable skill and care.

9. Delivery/Start of work

We will take reasonable steps to meet any estimated date(s) set out on the Quotation, Sales Advice or as otherwise agreed between us for starting the Services. Subject to availability and our Delivery Terms, where we have agreed to deliver Products, we will use reasonable endeavours to do so on any specified date we agree, or if no date is specified, within 30 days of the date of your Order for those Products. Occasionally these date(s) may be affected by factors beyond our reasonable control and so these date(s) cannot be guaranteed. We do not recommend removing fixtures and fittings such as toilets, showers or sinks that provide essential day to day services, until shortly before the Services are due to start or (where applicable) you have received your ordered Products and checked all of them for any defects or missing parts. We will let you know if we become aware of an unexpected delay and will arrange a new date with you.

You must take reasonable steps to collect or take delivery of the Products (where applicable) and do everything you reasonably can to ensure that we can start the Services on any estimated or specified date(s). Where the Services require Products purchased by you separately to your Order, you are responsible for ensuring that you have sufficient suitable Products for us to perform the Services and those Products are available at the property when we start the Services. If you do not have sufficient suitable Products, we may need to arrange a subsequent visit to complete the provision of the Services and we reserve the right to charge you a further fee for this. You must let us know if you wish to re-arrange the delivery/commencement date(s) and we will arrange a new date with you.

If we are unable to start the Services or deliver the Products (where applicable) as a result of your action or inaction (for example, you are not present at the property or you have not cleared the area where the Services are to be provided), we will need to arrange a subsequent visit to complete the provision of the Services or deliver the Products and we reserve the right to charge you a further fee for this.

Unless we have agreed otherwise, Products must be signed for on delivery by a person aged 18 or over. Delivery will be completed when we deliver the Products to the address you specified in your Order.

For reasons of health and safety and to avoid any property damage, certain Products can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant Products need to be transported from the delivery location, unless we have agreed to do this as part of the Services.

10. Risk and ownership

For UK, Éire and Guernsey customers:

If any Products are provided to you by us or an authorised third party on our behalf, on delivery of the Products to you (or collection of the Products by you), all risk of damage to, or loss of, them shall pass to you and you will be responsible for them.

For Jersey customers:

If any Products are provided to you by us or an authorised third party on our behalf, save as set out in the Supply of Goods and Services (Jersey) Law 2009, on delivery of the Products to you (or collection of the Products by you), all risk of damage to, or loss of, them shall pass to you and you will be responsible for them.

For all customers:

You will need to safely and properly store any Products which are delivered to you before Services start (where applicable).

Ownership of the Products will only pass to you on the later of us:

receiving full payment for the Products from you; and

providing the Products to you.

Until ownership of the Products passes from us to you, you shall hold the Products on our behalf and shall store the Products at your own cost separately from all other products in your possession and marked in such a way that they are clearly identified as our property. We may, before ownership of the Products passes to you, require you to deliver up the Products to us and, if you fail to do so, may repossess the Products. You grant us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of inspecting or repossessing the Products.

If you cancel your Order, you must keep good care of the Products before returning them to us.

11. Cancellation and returns

This section sets out our cancellation and returns policy.

If your Order is for Services only, please see Clause 11.1 for your cancellation rights.

If your Order is for Products and Services (Supply and Install), please see Clause 11.2 for your cancellation rights.

If your Order is for Products only, please see Clause 11.3 for your cancellation rights.

If your Order is a Supply and Install Order, you may cancel the Services element and the Product element separately in accordance with Clause 11.1 and Clause 11.3 respectively.

11.1Order for Services

You may cancel your Order for the Services for any reason after you have placed your Order and thereafter for up to 14 days commencing the day after the date we accept your Order (as set out in Clause 2). You will lose your right to cancel after the expiry of this period.

You can exercise your right to cancel your Order by contacting us.

If we have not started to provide the Services at your request before the end of the cancellation period you will receive a full refund of the price paid for the Services.

If we start providing the Services at your request before the end of this period then you will be required to pay our charges for the Services carried out prior to you contacting us.

You will only receive a refund for that part of the Services not provided. You will not have the right to cancel your Order for Services once we have completed those Services.

11.2 Order for Products and Services (Supply and Install)

You may cancel your Supply and Install Order for any reason after you have placed your Order and thereafter for up to 14 days commencing the day after the date we accept your Order (as set out in Clause 2). You will lose your right to cancel the Services element of your Order after the expiry of this period.

You can exercise your right to cancel your Order by contacting us.

If we have not started to provide the Services at your request or make the Products to your specification before the end of the cancellation period you will receive a full refund of the price paid for the Products and Services (subject to the provisions of Clause 11.3).

If we start to provide the Services or make the Products to your specification at your request before the end of this period then you will be required to pay for the Services carried out and for the Products which we have made or have started to make to your specification and/or which have been installed, prior to you contacting us.

Subject to the provisions of Clause 11.3, you will only receive a refund for that part of the Services not provided and those Products which we have not made or started to make to your specification and/or which have not been installed prior to you contacting us. You will not have the right to cancel your Order for Services once we have completed those Services.

The conditions, time limits and procedures for exercising your right of cancellation with respect to the Product element of your Supply and Install Order are set out in Clause 11.3.

11.3 Order for Products

You may cancel your Order for Products for any reason before dispatch (where applicable) or within 45 days after the date of delivery or collection (as the case may be) by contacting us or returning the Products to a B&Q store (please bring your proof of purchase and, where applicable, the credit/debit card used for payment).

You will lose your right to cancel after the expiry of this period (this does not affect your rights if there is a problem with the Products).

The right to cancel in respect of Products is subject to the following exclusions:

Products which are cut, made to measure or mixed to your requirements, or otherwise customised or made to your specifications, or otherwise by reason of their nature cannot be returned, will not be exchanged or refunded unless they are faulty or incorrectly delivered;

Products which are liable to deteriorate or expire rapidly, including perishable Products such as plants or turf, will not be exchanged or refunded unless they are faulty or incorrectly delivered;

your right of cancellation does not apply to Products which are not suitable for return due to health or hygiene reasons, if you have opened the Product packaging after delivery or collection; and

your right of cancellation does not apply to Products which become mixed inseparably with other items after delivery or collection (which may be the case where the Products are installed).

In relation to Products delivered to you, you may need to take delivery of the Products before you can cancel your Order if the Products are placed into our delivery process before we receive your notice of cancellation. This does not affect your rights under this Clause and Clause 12.

We will refund you the price paid for the cancelled Products, less any collection or return costs or charges (if any). Where you cancel the entire Order, we will also refund the standard delivery charges paid (if any) or an amount equal to those charges if you elect to use a more expensive delivery method. Where you cancel part of an Order, we may recalculate any applicable delivery charge and deduct this from the refund.

You must arrange for the return of the Products as soon as possible and in any event not later than 14 days after the day on which you cancel your Order, unless we agree that you may dispose of the Products (in which case you must comply with any disposal instructions). Unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products. For certain Products we offer a collection service. Please contact us for further details. We may charge a fee for this service (the fee will depend on the Products returned).

You must keep the Products you wish to return in your possession and take reasonable care of the Products at all times while they are in your possession. This means that you must not use the Products (except to the extent reasonably necessary to inspect and examine them).

We reserve the right to make a deduction from the amount of any refund for loss in value of the Products returned where the Products show signs of unreasonable use; for these purposes, unreasonable use includes handling the Products beyond what is necessary to establish the nature, characteristics and functioning of the Products, in particular, if it goes beyond the sort of handling that might reasonably be allowed in a shop. Where you are in possession of the Products (or they have been dispatched to you), we may withhold any refund until we have received the Products or you have supplied proof of return for the Products.

12. Faulty Products

On receipt of the Products you must check they match your Order. If there is any problem, or if they are defective or damaged you must notify us within 48 hours of receipt otherwise you will be deemed to have accepted the Products and we shall not be liable for having supplied the incorrect type and/or quantity nor shall we be liable for any damage or defect.

Providing that you tell us of any problem within 48 hours of receipt of the Products, we will (subject to availability) either make good any shortage or non-delivery; or (at our discretion) offer you a replacement, repair or refund for the Products in question. Where Products are to be returned to us we will arrange this with you.

13. Our right to cancel

We may (at our discretion) suspend further supply or delivery, stop any Products in transit, cancel any Orders, cancel provision of the Services, or cancel our agreement by notice in writing to you if you are in breach of your agreement with us, you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon cancellation, any money due to us in respect of our agreement which has been cancelled (or that part of it which has been cancelled) shall become immediately due and payable and we shall be under no further obligation to provide Products, Services or Surveys to you, provided that where you have paid for Products, Services and/or Surveys in advance of our cancellation, we shall, at our discretion, supply those Products, Services or Surveys to you or cancel the provision of the same and refund the price you paid.

14. Use of your personal information

In the course of our dealings with you we will collect and process personal information about you, including to administer and process your Order, and to provide the Survey, Products and/or Services. If the Survey, Products and/or Services are provided by a third party on our behalf, your personal information will be passed to the third party for those purposes. We may also engage third parties to verify and audit the Services that are performed for quality control and regulatory purposes; in these circumstances, your personal information will be disclosed to the third party.

Further information on the manner in which we process personal information is set out in our Privacy Policy, a copy of which is available on our Website.

Calls to our contact centre may be monitored and/or recorded for quality control and training purposes.

15. Liability

All our obligations to you are set out in our agreement. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in our agreement.

We shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under these Terms or otherwise at our discretion.

Without prejudice to the preceding paragraph, we accept no liability (whether arising in contract, tort (including negligence), for breach of statutory duty or otherwise) for any of the following losses:

loss of profits, revenue, sales, income, or business; loss of savings; loss of use or production; loss of goodwill; business interruption; except as set out in Clause 12, remedial costs if the Products or Services are damaged or defective; damage to property or possessions through use or misuse of the Products; loss caused by delay or other late performance; and indirect or consequential losses.

Except as set out in our agreement, all other terms, warranties, representations and conditions implied by statute, common law or otherwise (including fitness for purpose) are excluded to the fullest extent permitted by law.

We will not be responsible to you or, if you are undertaking work for another person, to any other person, for the use or installation of any Products by you (or on your behalf). Accordingly, as a trade customer, you hereby agree to hold us harmless, and indemnify us, against any liability associated with any claim or allegation that we are responsible for any failings in the installation or use of Products by you (or on your behalf).

Our Website, catalogues and other media may contain information and materials created and submitted by third parties, and, to the extent permitted by law, we exclude liability for all losses arising from any error, omission or inaccuracy in any such information and material.

Nothing in our agreement limits or excludes our liability for fraud or fraudulent misrepresentation, death or personal injury caused by our negligence or for any other liability which cannot be limited or excluded by law.

16. General

We will not be liable or responsible for any failure to perform, or delay in performance of, the Services, Surveys or any of our obligations under these Terms, nor for any defect or damage to Products, or for any failure or delay in supply or delivery of Products, in each case that is caused by events outside our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).

Natural products may show some colour variations. To the extent permitted by law, we accept no liability for any discoloration or variation in the colour of natural products.

We will take reasonable steps to display as accurately as possible the colours, appearance and other detailing of our Products (and their packaging) in the images that appear on the Website and in our catalogues and other media. However, we do not guarantee that the images, appearance and other detailing that appear on the Website and in our catalogues and other media will exactly reflect the colour, appearance or detailing of the physical Product (or its packaging). Your Products (and their packaging) may vary slightly from those images.

Any information on the Website and in our catalogues and other media regarding sizing, weights, capacities, specifications, dimensions and measurements of Products is included as a guide only. If you are concerned about the precise size, weight, capacity, specifications, dimensions or measurements of any Product you require, we recommend that you contact us prior to placing an Order and/or purchasing a Product.

If any provision of these Terms (including any provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable in whole or in part, the validity, legality or enforceability of the other provisions of these Terms and the remainder of the provision in question shall not be affected.

No person other than you and us shall have any rights to enforce our agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

You may not assign or transfer your rights or obligations under our agreement, unless we agree in writing.

If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, or we delay in doing so, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.

We may update, vary and amend these Terms from time to time without prior notice. When you place an Order, the Terms in force at that time will apply (as set out on our Website or available in store). Please check in store or on our Website to ensure that you understand which Terms apply. These Terms were last updated on January 2015.

17. Governing law and venue for disputes

Our agreement (including any non-contractual obligations arising out of or in connection with it) is governed by and interpreted in accordance with the law of England and Wales and both we and you agree to submit to the exclusive jurisdiction of the courts of England and Wales.

18. Contact us

If you have any questions, complaints or concerns with respect to your Order or these Terms, please contact us using the contact details on the Contact Us page on our Website.

Any formal legal notices should be sent to us at the following address, marked for the attention of the Company Secretary of B&Q plc: B&Q House, Chestnut Avenue, Chandler's Ford, Eastleigh, Hampshire, SO53 3LE, United Kingdom.

If we have to contact you or give you notice in writing, we will do so by email or by hand or by pre-paid post to the address you provide to us in your Order or we otherwise hold for you.

Terms & conditions of membership

Terms and Conditions of Membership

These Terms set out the basis on which we grant you membership to the TradePoint Membership Scheme (the Scheme). Your application for and membership to the Scheme is considered acceptance of these Terms.

In these Terms, when we say:

you or your, we mean you, the individual applying for the TradePoint Card;

we, us or our, we mean TradePoint; TradePoint is a trading name of B&Q plc, a limited company registered in England (Company No: 00973387), whose registered office is B&Q House, Chestnut Avenue, Chandler's Ford, Eastleigh, Hampshire SO53 3LE, United Kingdom and whose VAT registration number is GB 232 5555 75;

Privacy Policy, we mean our privacy policy, full details of which can be found in store and on our Website;

Product or Products, we mean the goods and products that we sell; and

Website, we mean the website at the following URL www.trade-point.co.uk that is operated by us or on our behalf.

You must be 18 or over to apply for membership to the Scheme.

If you apply in store, we'll give you a temporary Scheme membership card while we process your application and once you are a Scheme member we’ll issue your TradePoint Card. Acceptance of your application is at our sole discretion.

To purchase Products from our Website you will need to activate your online account using the membership number on your TradePoint Card (or temporary Scheme membership card).

TradePoint Cards (and temporary Scheme membership cards) are personal to the individual named on the card and cannot be transferred, and are for use only in connection with the trade entity named as a member. In stores you must show your card to make a purchase.

Each purchase of Products by you as a Scheme member is governed by our TradePoint Terms and Conditions of Sale, a copy of which can be found on our Website or in store. Please read these terms carefully. We draw your attention to the provisions in those terms relating to the limits on our liability.

You are only entitled to use your TradePoint Card (or temporary Scheme membership card) in connection with the purchase of Products in the course of your business, trade or profession.

We shall not be liable in any way if you are unable to use your TradePoint Card (or temporary Scheme membership card) due (directly or indirectly) to any data processing or transmission link failure or any other cause beyond our reasonable control.

TradePoint Cards (and temporary Scheme membership cards) remain our property. You must return your card if we ask for it and you must tell us immediately if your card is lost, stolen or misused. We shall not be responsible for any unauthorised use of the card prior to notification to us. You may end your membership to the Scheme at any time by returning your TradePoint Card to us. Cards should be returned to TradePoint, B&Q House, Chestnut Avenue, Chandler's Ford, Eastleigh, Hampshire SO53 3LE, United Kingdom.

Scheme membership is at our sole discretion and can be suspended or withdrawn at any time.

We will use your personal information (as defined in our Privacy Policy) in accordance with our Privacy Policy.

We may update, vary and amend these Terms from time to time without prior notice. Please check in store or on our Website to ensure that you understand which Terms apply. These Terms were last updated on 18th August 2014.

These Terms (including any non-contractual obligations arising out of or in connection with these Terms) are governed by and interpreted in accordance with English law and both you and we agree to submit to the exclusive jurisdiction of the English courts.

Guarantee Terms & Conditions - Magnusson

At Magnusson we take special care to select high quality materials and use manufacturing techniques that allow us to create ranges of products incorporating design and durability. The “LIFETIME” and “5 YEAR” guarantees (each a Guarantee) start from the date of purchase, whether bought in store, delivered or bought online. The 5 year guarantee period applies from the first date of purchase of the original product. Any replacement product issued under this guarantee will therefore only be guaranteed until expiry of the original period (and not 5 years from the date any replacement product may have been provided to you).

You may only make a claim under a Guarantee upon presentation of your sales receipt or purchase invoice. Please keep your proof of purchase in a safe place.

Each Guarantee covers product failures and malfunctions provided that the Magnusson product was used for the purpose for which it is intended, and subject to installation, cleaning, care and maintenance in accordance with standard practice and with the information contained above and in the user manual (if a user manual is provided with the product). Neither Guarantee covers defects and damage caused by normal wear and tear of the product or damage that could be the result of improper use, faulty installation or assembly, neglect, accident or modification of the product. Each Guarantee is limited to parts recognised as defective. It does not, in any case, cover ancillary costs (movement, labour) and direct and indirect damage. Please refer to the relevant product sections below for guarantee duration and further exclusions:

Lifetime guarantee

The following Magnusson products have a lifetime guarantee period

Bolsters and chisels

Clamps

Club hammers

File Sets1

Files and rasps1

Hack saws2

Hammers

Key Polygonal (Hex Key/Torx Keys)

Key Sets

Knives1/2

Line and point marking

Mallets

Mitre boxes1

Multi set screwdrivers2/3

Planes2

Pliers1

Precision screwdriver set

Rules and squares

Saws1

Screwdrivers

Sledge hammers

Socket sets and socket tools2/3

Socket spanners

Spanners

Specialist clamps

Specialist screwdrivers

Speciality saws1/2

Spirit levels

Tool sets/kits2/3

Vices

Wood chisels1

Wrecking and crowbars

5 year guarantee

The following Magnusson products have a 5 year guarantee period

Crimping tool

Intelligent measuring

Jointing crimper

Lasers and levelling

Metal nibbler1

Rachet handles

Ratcheting screwdriver sets2

Racheting wire stripper1

Tape measures

Torque wrenches4

Tripod

1 Sharpness of teeth, blades & cutting edges is excluded from the Guarantee 2 Consumables parts which are reasonably expected to be used up or damaged during use (i.e. screwdriver bits, hacksaw blades, knife blades, etc.) are excluded from the Guarantee 3 Excluding any part which is covered by the 5 YEAR guarantee. 4 Accuracy/calibration is guaranteed for 1 year from date of purchase

If the Magnusson product is defective during the guarantee period, we reserve the right, at our discretion, to replace the Magnusson product with a product of equivalent quality and functionality or to provide a refund. This guarantee only applies to the country of purchase or delivery and is not transferrable to any other countries. This guarantee is non-transferrable to any other person or product. Relevant local law will apply to this guarantee. This guarantee is in addition to and does not affect your statutory rights relating to faulty goods as a consumer. Guarantee related queries should be addressed to a store affiliated with the distributor from which you purchased the Magnusson product.

Bulk Delivery Terms & Conditions

During checkout you will be automatically allocated the next available delivery date. If this is not suitable then you can simply change the date by clicking the ‘Find a better date for you’ button. A calendar will open with all available delivery dates for the next 2 weeks. Choose a new date to apply this to your order.

Delivery days are classified as Monday to Friday 7am to 5pm between 1st September and 31st March, and Monday to Saturday 7am to 6pm between 1st April and 31st August. Delivery days exclude Bank Holidays. Delivery times effective following receipt of your order from B&Q.

Minimum order value is £100 inc. VAT across any combination of bulk delivered products. Subject to delivery requirements below.

1. Delivery Requirements:

PLEASE DO NOT PLACE AN ORDER IF YOU ARE NOT CONFIDENT THAT THE DELIVERY LOCATION COMPLIES WITH THE FOLLOWING REQUIREMENTS:

We are able to deliver goods to selected UK postcode destinations, restrictions apply, please call 0300 303 4481 or ask in-store for details

The delivery vehicle used by TradePoint is a similar size to a double decker bus and requires sufficient space for products to be unloaded using a crane

Deliveries will not be made where the ground condition is uneven, not suitable to unload or likely to cause damage to the vehicle*

We will not leave products on public property unless written consent is provided by the relevant authority confirming agreement of delivery to location

A signature is required on delivery. However, goods can be left without being signed for when a prior arrangement has been made between B&Q and the customer. B&Q will not accept responsibility for goods which are lost or stolen after they have been delivered in accordance with any prior arrangement

*Deliveries are to kerbside only and orders will be cancelled if the delivery vehicle is unable to safely access the delivery location.

2. Delivery charge:

Free delivery is available on a minimum order value of £350 inc. VAT or more, for any goods included in the Bulk Delivery Service as specified online and in brochure.

A delivery charge of £30 inc. VAT will apply for orders under the value of £350 inc. VAT.

3. Replacement Products:

Should the goods supplied be faulty or damaged, either inform the driver or, if the driver has left the delivery location, call 0300 303 4481 or contact your local store to arrange replacement goods.*

*TradePoint will aim to replace faulty goods within 2 working days of you notifying us.

4. Cancellation:

Consumers may return orders within 45 (forty-five) days from the date the order was placed provided the goods are unused and in original packaging.*

*Goods can be returned to a store or a collection can be arranged by calling 0300 303 4481.